Video summary
The Arlington Zoning Board of Appeals convened a remote meeting on July 28, 2026, to address administrative matters and consider new business regarding land use applications in the town formerly known as Monotamy. The session was chaired by Christian Klein, who opened with a formal acknowledgment of the ancestral lands of the Massachusett tribe before proceeding through standard procedural items. These included approving the minutes from the previous July 14th meeting and ratifying written decisions for two specific dockets: one concerning a large addition at 87 Grand View Road and another regarding an enclosed entrance at 15 Janet Road. The board also voted to authorize the chairperson, Christian Klein, to sign official decisions on behalf of all members during his term as chair, streamlining the administrative process for future proceedings.
A significant portion of the evening was dedicated to a public hearing for docket number 3910 at 44 DAO Avenue, where applicant Gordon Brummer sought a special permit under Section 539D to cover an uncovered front porch and steps. The proposed structure involved extending the existing roof line by three and a half feet using posts with brackets rather than columns, ensuring it remained within setback requirements while providing shelter from rain and sun for residents with young children. During the presentation, board members noted discrepancies in uploaded documents due to technical issues with the town's website but clarified that the final approved plans would align strictly with the submitted site elevations. The applicant explained that because the structure extended beyond certain dimensional limits relative to the front yard depth, a special permit was legally required rather than being permitted by right of construction.
Following the hearing for 44 DAO Avenue, the board deliberated on findings confirming that the proposed use would not impair public welfare, traffic safety, or neighborhood character before closing the public comment period and voting to close the hearing. The meeting then shifted to an open forum where board members discussed upcoming statutory changes related to notification requirements, vested rights for special permits, and variances affecting all communities in Massachusetts. Although a planned training session with town council was postponed due to scheduling conflicts, the board agreed to review relevant memoranda from Michigan regarding similar legal interpretations before their next meeting on August 11th. The proceedings concluded with unanimous votes to approve pending decisions and adjournment of the board following expressions of gratitude for the attendees' participation in this remote session recorded by ACMI.
Read the full video transcript
So, it is 7:33 p.m. on July 28th, 2026.
Good evening. My name is Christian
Klein. I'm the chair of the Arlington
Zoning Board of Appeals, and I'm calling
this meeting of the board to order. I
would first like to confirm that all
members and anticipated officials are
present. Uh from the zoning board of
appeals, we have Roger Dupont
>> here
>> and Patrick Hanland
>> here
>> and Venet Holy
>> here
>> and Adam Leblanc
>> here
>> and our associate uh Nick Rosenberg
>> here.
>> Good to have you all here. Uh on behalf
of the town we have Colleen Rollson, our
clerk and zoning assistant
>> here. Good to have you. And then
appearing for dock at 3910 uh 44 DAO
Avenue um the applicant uh Gordon
Brummer is here
>> here. Good to have you with us as well.
>> So tonight's meeting of the Arlington
zoning board of appeals is being
conducted remotely consistent with the
bill signed by Governor Healey on March
28th, 2025 which extended temporary
provisions pertaining to the open
meeting law to June 30th, 2027. The
extension of these provisions allows
public bodies to hold their meetings
remotely by providing live live adequate
alternative means of public access to
the deliberations. This meeting is being
recorded and will be broadcast by ACMI.
Members of the public who are
participating via Zoom and who wish to
offer public comment should be aware
that they will be asked to provide their
full name and address so that a complete
public record of the meeting can be
taken in accordance with state law. All
participants of this meeting are advised
that people may be listening to the
meeting without offering public comment
and those people are not required to
identify themselves. Any votes that are
taken this evening will be conducted by
roll call vote. All supporting materials
that have been provided to members of
this body are available on the town's
website unless otherwise noted. Public
is encouraged to follow along using the
posted agenda. As chair, I reserve the
right to take items out of order in the
interest of promoting an orderly
meeting. As the board will be taking up
new business at this meeting, as chair,
I make the following land
acknowledgement. Whereas the zoning
board of appeals for the town of
Arlington, Massachusetts, discusses and
arbitrates the use of land in Arlington,
formerly known as monotamy, an
algangquin word meaning swift waters,
the board hereby acknowledges that the
town of Arlington is located on the
ancestral lands of the Massachusetts
tribe, the tribe of indigenous peoples
from whom the colony, province, and
commonwealth have taken their names. We
pay our respects to the ancestral
bloodline of the Massachusett tribe, and
their descendants who still inhabit
historic Massachusetts today.
So we will be starting this meeting this
evening um with our administrative
items. Uh these items relate to the
operation of the board and as such will
generally be conducted without input
from the general public. Board will not
take up any new business on any prior
hearings nor will there be the
introduction of any new information on
matters previously brought before the
board.
>> Mr. Chairman,
>> Mr. Hanland.
>> Um,
we're getting into an area that I have
something to say about
>> Do you want to say something at this
point or do you want to wait till we get
to that item?
>> But I my computer has completely lost it
and when I look at is the I Well, I just
Yeah, I don't Oh, wait a minute. There.
I see. Um,
all right.
One thing I would like the board members
to check is whether or not the uh draft
that the final draft that they have is
for the right hearing. Uh because when I
just opened it myself, I got I under the
final I got the previous hearing 3817
and I'm not sure that I when I
distributed it I distributed it
correctly.
Meanwhile, I'll check see if I can
figure out how to get back online.
>> Let's see.
Can 15 Janet Road
I have aision marked final.
Yeah, both of them were finals, of
course.
>> So when I open it up, I see 15 Janet
Road in the Mount Goboa neighborhood.
>> Do you see?
>> Ah,
okay. So that is the wrong document.
That is the wrong document.
>> Let me just
>> 3817 is the number of I think of what I
sent and it should be 390 3909 I think.
>> Oh, I see what you're saying. Yeah.
Okay. And meanwhile, my computer is
going crazy and I can't even get to my
uh I can't even get to the U
drive where I can where I can fix that.
I I I'm going to have to probably leave
the meeting and restart. So, you might
want to put this this matter towards the
end of the meeting.
>> Okay. Um
Okay.
Oh yeah, I see you now. But
>> okay. Yeah, because I noticed now that
the fourth
um
condition appears to be different than
what we had we had seen previously.
>> It should be because the document that
you have is the one that is the one that
was issued in 20 in 2024.
>> Oh, okay. which has both the variance
and and the other special permit on it
and it's not the final draft of 389.
>> Ah, okay. Now that all makes sense.
Okay.
>> I apologize about that. The the titles,
as you could just see, are so close
together that that I had I had no idea
that I was sending the wrong thing. But
so, let me try to get get at least this
part fixed. But I may not be able to
hear very much of the next of the
hearing. while I try to get this point.
>> Okay. Um,
in that case, I'll continue with the
other administrative items that we have
before us. Um,
so the first is the approval of the
meeting minutes from our July 14th
meeting. Um, these are minutes that were
prepared by Miss Rston, distributed to
the board for questions and comments,
final version posted back to the board
in the last couple of days. Are there
any additional questions or comments in
regards to the minutes from July 14th?
Seeing none,
I will move that the zoning board of
appeals for the town of Arlington
approve the minutes from the July 14,
2026 meeting of the board.
>> Second.
>> Thank you, Mr. Dupont.
And then a roll call vote of members
present at that meeting. Uh Mr. Dupont.
Yes.
>> Uh, Mr. Hanland,
>> here.
>> Yes,
>> Mr. Holly.
>> Yes,
>> Mr. Leblanc.
>> Yes,
>> Mr. Rosenberg.
>> Yes.
>> And the chair votes yes. So, the minutes
are approved. It brings us to item uh
three on our number two on our agenda,
which we're going to pass for the
moment. Number three on our agenda is
the approval of the decision in docket
3905 87 Grand View Road. Um so this was
a decision that was written by um Adam
and distributed to the board for
questions and comments. Final version
posted back to the board. Are there any
additional questions or comments as they
relate to that decision which is um 3905
87 Grand View Road.
Seeing none, I will move that the zoning
board of appeals for the town of
Arlington approve the written decision
in docket 3905 87 Grand View Road, which
grants a special permit for a large
addition under sections 542B6 and 333 in
the zoning bylaw.
>> Second.
>> Thank Mr. Dupont.
So, roll call vote to approve the
decision in 87 Grand View Road. Mr.
Dupont,
>> yes.
>> Uh, Mr. Hanland,
>> yes.
>> Mr. Mr. Holly,
>> yes.
>> Mr. Leblanc,
>> yes.
>> And the chair votes yes. That decision
is approved. Uh brings us to the next
item on our agenda number four, which is
a member vote to authorize the chair to
sign decisions on behalf of the board.
Uh so this is a practice we've been
doing for the last several years. Um
where we don't have to chase each of you
to individually sign the decision. I can
sign on behalf of the board with the
board's approval.
So I would
uh propose the following motion that the
members of the zoning board of appeals
so the town of Arlington do hereby
authorize the duly elected chair of the
board to sign decisions on behalf of all
the members. This authority shall expire
at the end of their service as chair.
>> So moved.
>> Thank you Mr. Dupont. And do I have
second?
>> Second.
>> Thank you Mr. Blank.
So, with that, a roll call uh vote of
the board in favor of the motion. Mr.
Dupont,
>> yes.
>> Mr. Hannah,
>> yes.
>> Mr. Holly,
>> yes.
>> Mr. Leblanc,
>> yes.
>> Mr. Rosenberg,
>> yes.
>> And the chair votes yes. That is
approved. Um,
Mr. Hanland, do you want us to uh
continue on to the public hearings?
>> Yeah, I I will. Yes. I don't I think
that we should do that. I can listen in
and I've I've got the right page so I
ought to be able to
>> find it unless I've accidentally
>> I should be okay.
>> Okay.
>> I hope.
>> Uh so then we will be moving on to
public hearings. Before opening
tonight's meeting for public hearings,
here are some ground rules for the clear
and effective conduct of tonight's
business. After I announce each agenda
item, I will ask the applicant to
introduce themsel or themselves and make
their presentation to the board. I will
then request that the members of the
board ask what questions they have on
the on the proposal and after the
board's questions have been answered, I
will open the meeting for public
comment. At the conclusion of public
comment, the board will deliberate and
vote to either continue or close the
public hearing. All votes will be
conducted by roll call vote. The final
vote on any matter before the board will
be taken at a subsequent meeting once
the written decision has been drafted
and provided to the board. After the
decision has been adopted and signed,
the decision will be filed with the town
clerk starting the 20-day appeal period
under state law. After that time, the
applicant may proceed with their
building permit. However, under state
law, no decision granted by this board
shall take effect until a certified copy
of the final decision has been filed
with and recorded at the Middle Sex
South Registry of Deeds in Cambridge by
the applicant.
So, with that, um, move on to item five
on our agenda, which is dock at 391044
DAO Avenue. I'm going to ask the
applicant to go ahead, um, and introduce
themselves and tell us what they are
proposing to do.
>> Uh, hello, I'm
>> Gordon Brummer, 44 DAO Avenue, the uh,
the applicant. And um what we'd like to
do is we have a porch um small porch in
front of our house that's currently
uncovered. Um and we'd like to just kind
of build a uh covering on that porch uh
to prevent water from getting on our
mail and packages um as well as um
preventing the sunlight from like
heating up the door. We've got two young
kids and uh in the afternoon it can get
pretty hot because there's no shade.
Okay. Um,
thank you for that.
Um, I will go ahead and share what I
have in front of me.
Um,
so this is the site plan. Um, this is a
little bit of an unusual
site.
Um,
so this is the corner of Dao Avenue and
Renfruit Street. Um, it is listed as a
paper street because the street was
never constructed. However, when the
original subdivision was done, the town
accepted the street. So, technically,
Renfruit is a street. Um, and therefore,
this is actually a corner lot with two
front yards. um which really doesn't
have any bearing on this hearing but I
thought was uh rather interesting to
note. Um
so the this is the plans that were
provided to the board. Uh so the
existing house is single story with on
the front you can see two gable dormers
and they are now going to be connected
with a shed dormer. Um and then there is
but that is not a part of our hearing
because that can be done by right. Um on
the rear they're also adding this window
but that is also not before the board.
Uh what's before us is a covering over
this porch. Um
which we have really no information on.
Um,
Colleen, did we receive any new
information from the builder?
>> There should have been a new upload last
Thursday.
>> Okay. My
>> I'm not Is that the one you're Is that
the one you're looking at?
>> My open gov is spinning
>> as
>> it has been for like the last 15
minutes. Mr.
>> Chairman, I've been spinning on that one
too for the for about 20 minutes.
Mr. Ch I've I I see the one that was
uploaded on the 22nd of July, but it
it's the same version as we're seeing
here on your screen.
>> Oh, okay.
H
are there any additional are you in open
gov?
>> Uh I am.
>> Or did you download it?
>> I am. Um, and I downloaded the most
recent one that was that's on there from
the 22nd and it's the same version as
what we're looking at. It's the same.
>> Yeah.
>> There's there's no information about the
covering.
>> Okay. Um,
because I would turn to the applicant.
Um,
do you know anything about what is
intended for the covering over the front
steps? Uh, so what I can tell you is I
think if you flip back to a couple of
those couple pages ago, maybe the first
one you showed with the plot plan.
>> With the plot plan. Yep.
>> Um, that red line I believe is kind of
>> I mean that's that's where we wanted to
put it. So it's going to just extend
kind of like that. Um,
>> okay.
>> Yeah. So it' be just be covering that
porch. And I believe it's um because of
that corner it it doesn't kind of fall
under the category of something we could
just do,
>> right?
>> Yeah.
>> Okay. So the so this the mud room
there's a mud room basically on the
front of the house now and that's
staying
and then this would be over the top step
and it would not extend beyond the edges
of the top step.
>> That's correct. Yeah. And do you know at
all what it's supposed to look like?
>> Um, if you flip to the front view,
>> yeah,
>> it's going to be kind of that um that
steeple in front of the on top of the
door. Yeah. Just that
>> pulled out.
>> Okay.
>> Yeah.
>> So, on the edge of the landing,
we'll have posts
and we'll see this open gable. And then
on the sides, it will just be open. Yes.
>> Okay.
>> So, it's like you're just kind of
pulling pulling that roof line out
>> to cover to cover the porch.
>> Got it. So, it'll be detailed the same
as the existing front of the house.
It'll align with the same roof pitches.
It will just basically extrude out the
the roof and two post catching it on the
end.
>> Yep.
>> Okay.
I think that is clear. I'm going to go
ahead and stop the share. Um,
so this is uh something that the board
often sees. This is coming to us under
539D.
Um, whereby a covering of a of steps or
a landing that are within the front yard
setback requires a special permit from
the zoning board of appeals. Um, are
there any questions from members of the
board in regards to this application?
Mr. Chairman,
>> Mr. Dupont.
>> So, I'm not sure to what extent it
really matters, but uh in looking at the
application, there are the dimensional
um requirements or the description of
the dimensional the setbacks and in the
front yard
uh proposed as well as existing. It says
the front yard depth is 21.1 ft.
And I was looking at the plan
and it seems to be different than that
on the plan if I'm not mistaken.
Um,
so it looks like it's 26.8 from that one
corner and then on an angle uh 23.4.
Mhm.
>> So I I just didn't know if in the
application says 21.1 if there's
something that we need to know about
that in particular. What's the
discrepancy?
>> Okay.
So I my understanding of the 21.1 is it
doesn't appear
on this drawing but it is the dimension
from the front of the mudroom
to the front yard property line. So it's
effectively the 17.7 plus 3.5 but on a
little bit of an angle so you'll lose a
tenth.
>> Okay. I just wanted to make sure that
there wasn't anything of significance
that was tucked away.
>> No.
>> Um,
the contractor is now available.
Mr.
Mr. Car, are you with us?
>> September 1st.
>> How are you?
>> Good. How are you?
>> I'm good.
So, um, Mr. Brummer gave us a a walkth
through of the proposal. Um, did you
submit any site elevations or anything
like that for this plan?
>> We did.
>> You did? Okay. Um, been having some
trouble with the town website tonight.
Um,
>> yeah. Got an email from
uh the town saying that they did Yeah.
There's some issues going on.
>> Yeah.
All
right. But the as it has been described
by the applicant basically uh let me go
ahead. I will share this again.
So at the front, so basically the intent
is to take the gable, align it with the
existing gable that's over the front
entryway, extend that forward three and
a half ft. uh it will remain an open
front gable and then it will have posts
on either side. Is that correct?
>> We actually using brackets.
>> Mr. Chair,
>> yeah.
>> Yes, Mr. M.
>> Sorry, I I don't know if it's helpful,
but I just noticed that uh when I go to
open gov and I go to the uh supporting
documentation and drawings. version one
which was filed July 2nd appears to have
a a rendering with the brackets and the
overhang extended whereas version two
which is I think the one you have does
not. So if we look at the earlier one
that might be where we find the what
we're talking
>> go ahead and stop sharing. Do you mind
sharing that?
>> I am not having luck with the town
website and accessing that.
While we're waiting, I wanted to tell
everybody that I have sent to all of us
the correct version of the 15 Janet Road
opinion.
>> Oh, perfect.
Ah, okay.
>> There it is. Yeah.
>> Okay.
Excellent. And is there any change to
the front elevation or is it the same as
before?
So this is the change here. Yeah. Just a
little overhang. Yeah.
>> 3T5
3.5 ft. Yeah. Got it.
>> Just to give them some protection over
the front yard.
>> And as shown on the plan, it doesn't
extend. Does it extend beyond the
boundary of the current landing?
>> No. So I I kicked it back a little bit
to keep keep within the 25 square foot
rule, but then that's when we realized
that it's beyond the setbacks and that's
what that special permit is required.
But
>> that's why we were we wanted to do
columns at first, but then the columns
would would have put it at 4 feet.
>> So
>> kicked it back to 3.5 to and we ended up
using the brackets.
>> Okay.
Got it. All right. Are there any further
questions from the board?
Seeing none,
um
uh I will now be opening the meeting for
public comment. Public questions and
comments will be taken as they relate to
the matter at hand. Should be directed
to the board for the purpose of
informing us decision. I don't think we
have any members of the public with us
this evening, but if there is someone
from the public who I'm missing, um,
please go ahead and you can uh raise
your hand using the button on the react
tab or dial star on if you're calling in
by phone,
but I see no one. So, I will go ahead
and close the public comment period. Um,
so the public comment period is now
closed. The board will discuss findings
and vote to close the hearing or
recommend a continuence. Um, so what we
have before us is being shown is an
application under section 539D of the
zoning bylaw
um, excuse me, for the applicant is
requesting um
to put a cover over the front porch of
their not the front porch, excuse me,
over the front steps to their existing
house. Um this is something that the
board can approve by special permit. Um
there are no special criteria for this
section of the bylaw. It just is a
required findings under section 333.
Um the general finding is that the
adverse effects the proposed use will
not outweigh its beneficial impacts. Uh
we get to thereby um the following uh
seven tests. The first is required use
is allowed or allowed by special permit
in the district. As we noted, it's
allowed under 539D.
Requested use is essential or desirable
to public convenience and welfare. Uh
it's convenient to the public because it
does provide uh shelter to the occupants
as they are entering their home. It also
creates um a more welcoming front to the
home for the neighborhood um and is
something that is is very commonly seen
um in this neighborhood and also uh
other places in town. Uh will not create
undue traffic congestion or impair
pedestrian safety. uh will have no
impact on either. It's not near the
street, not near the sidewalk um and is
completely open. Um the requested use
will not overload any public system. It
will not uh impact any of the public
systems. Uh it will not create any
additional um impervious area and will
not uh will just use a a tiny bit of
electricity, but that's probably already
there with lights anyways. Um the
special regulations for the requested
use are fulfilled. There are no special
regulations. Uh requested use will not
impair the character or integrity of the
district. Um this is a very common
feature we see in Arlington. Um and in
most cases they do appear to be within
the front yard setback. So this
certainly is not um impairing the
character or the integrity. It will uh
requested use will not be detrimental to
public health or welfare. uh will have
no general impact on the public health
and welfare um the neighborhood or the
town and the requested use will not
cause an excess of use detrimental to
the neighborhood. Um this is a single
family home. It will remain a single
family home. It will not be uh causing
any kind of excess of use. Um and so
with those I think the board can find
that the adverse effects the proposed
use will not outweigh the beneficial
impacts to um to both the resident and
to the the community in general. Um are
there any questions from the board in
regards to those proposed findings?
Uh seeing none, the board would
typically uh provide uh three standard
conditions uh to any application. Uh the
first is the plans and specifications
approved by the board for the special
permit shall be the final plans and
specifications submitted to the building
inspector of the town of Arlington in
connection with this application for
zoning relief. There should be no
deviation during construction from
approved plans and specifications
without the express written approval of
the Arlington zoning board of appeals.
The second is the building inspector is
hereby notified they are to monitor the
site and should proceed with appropriate
enforcement procedures at any time they
determine that violations are present.
The building inspector shall proceed
under section 3.1 of the zoning bylaw
and under the provisions of chapter 40
section 21D of the Massachusetts general
laws and institute noncriminal
complaints if necessary. The building
inspector may also approve and institute
appropriate criminal action also in
accordance with section 3.1. And the
third is that the board shall maintain
continuing jurisdiction with respect to
the special permit grant. Um should the
board find in favor of this application?
Are there any additional conditions that
members of the board feel would be
appropriate?
Seeing none,
um I would ask Mr. Handlin if he would
be willing to uh direct the drafting of
a decision in favor of approval.
>> I would be happy to do that, Mr.
Chairman.
>> Thank you, Mr. Hannah. Um,
there being nothing further, I will move
that the zoning board of appeals for the
town of Arlington close uh the public
hearing for dock at 3910 44 DAO Avenue.
>> Second.
>> Thank you, Mr. Handlin. Uh, so the vote
the board will be taking, this is to
close this this public hearing uh for 44
DAO Avenue. Um once the meeting is
closed, the board cannot take any new
testimony, but the board will prepare a
written decision, and that decision will
be voted on at our next hearing, which
is uh Tuesday, August 11th.
So with that, uh roll call vote of the
board to close the this public hearing.
Mr. Dupont,
>> Mr. Hanlin,
>> here. Oops. Not here. Not here. Yes.
Mr. Holly,
>> yes.
>> Uh, Mr. Leblanc,
>> yes.
>> Mr. Rosenberg,
>> yes.
>> And the chair votes yes. We are closed
on 44 D Avenue. Uh, thank you to the the
applicant and the contractor for being
with us this evening.
>> Thank you. Thank you very much.
>> You're welcome.
>> All right.
>> So, with that, I will return to our uh
administrative items. Um and
specifically
uh this will be item number
two on our agenda which is the approval
of the written decision in docket 390815
Janet Road. Uh so this is a
>> have a good night everybody.
>> Uh good night.
>> Thank you.
>> Um so this is a decision that was
drafted by Mr. Hanland distributed to
the board for questions and comments and
a final version just posted few minutes
ago to the board. Um were there any
additional comments or questions in
regards to that written decision uh
which is docket 3908
um 15 Janet Road.
>> Okay, Mr. Chairman,
>> Mr. Hanland. Um so
the the version the the absolute final
version it was distributed at 7:44 PM uh
a few minutes ago. Um it has the title
after 390815 Janet Road. It has in the
parentheses projection into minimum
yards. So that helps distinguish it from
its predecessor that unfortunately I
gave you before the version that I just
sent or I sent 20 minutes ago. Uh which
again you should all have in your town
email and if necessary I think Colleen
could probably share the document
because she's copied on that as well.
Um, it it is different from the draft
that I sent to you earlier. Um, because
if you may remember, I had agreed to
talk to town council about uh what to do
about the fact that after we issue the
special permit, there'll be two special
permits that are in in in effective
here. One of them is the one that we're
proposing to grant tonight. Uh the other
one is um the uh
the other special permit is the one that
was issued in 2024
and that will lapse if it's not used by
October 2027.
Um but it's still in effect. Um and the
question was what to do with that. And
unfortunately Mr. Bernowski is not here
with his suggestion that would just make
it go poof. So we had to figure out a
more prosaic way of dealing with it. In
the earlier uh exam in the earlier u
document uh I had put in a paragraph 17
explaining the situation and a condition
number five um that
uh that attempted to make us a condition
of the of getting a building permit
providing evidence to the board uh or to
the building inspector that the uh u the
other the old permit is should be
abandoned.
Um after that conversation with council
and on further reconsideration
um I concluded that that there is no
real
effective and tried and true way of
dealing with the situation. What we
might have done earlier is make this a
uh an amendment of the old permit but we
didn't do that. We didn't advertise it
that way. We didn't have a hearing on
that. So there was not really a
practical way of dealing with it now. uh
and that the more straightforward thing
to do and thing which is perfectly legal
even if it seems awkward is to let the
two permits uh continue to exist side by
side. Eventually, the one that isn't
built uh will uh presumably the one the
old permit will automatically lapse uh
and for all I know may very well
automatically lapse when the option when
the applicant takes inconsistent action
to by relying on the one that he would
get today. So, at the end of the day,
the idea is that there's nothing there's
nothing wrong legally about having two
special permits that deal with the same
subject matter. Uh, and the right way to
proceed here is not to try to terminate
the old one in and replace it with the
new, but just let them uh go side go on
side by side until
uh until the old one lapses. And that's
what that is. This the only really
significant change in the document that
I sent you is that I explained what I
just said more succinctly uh in
paragraph 17 of the document and then I
eliminated condition number five.
Thank you Mr. Hanland.
Um are there any additional questions or
comments from the board as it relates to
this um written decision which um dock
at 3908 uh 15 Janet Road.
Seeing none, I move the zoning board of
appeals for the town of Arlington
approve the written decision in docket
390815 Janet Road, which grants a
special permit for an enclosed entrance
um and covered landing under sections
539A, 539D, and 333 in the zoning
bylaws.
>> Second.
>> Thank Mr. Hanland. The roll call vote of
the board uh to approve Mr. Dupant. Yes,
>> Mr. Hanland.
>> Yes,
>> Mr. Holly.
>> Yes,
>> Mr. Leblanc.
>> Yes.
>> And the chair votes yes. That decision
is approved. Uh that then concludes the
administrative items and we've prior
concluded the hearings. Um so this then
moves us on to uh our open forum
session. If there are members of the
public who have issues to discuss with
the board that are not related to a
specific hearing, please raise your hand
to be recognized.
And I do not see anyone present for
that. Um
so are we were scheduled for a training
uh tonight after the meeting.
Unfortunately, uh town council is not
available um as he had previously
believed he would be, but will be
joining us on the 11th. Um and he is
preparing for us uh a memorandum about
the changes. Um and we can we'll have an
opportunity to uh review that ahead of
the when he comes uh for the training
next time. So we'll have time to prepare
some questions and be ready to ask um
for that.
>> Mr. Chairman,
>> Mr. Hamlin,
>> I would I've now forgotten uh but I
wonder if do all of us have a copy of
what the statutory changes were and
maybe the explanatory memo that that you
got from the web.
>> I believe I circulated the nothing. So
now it's going to look because it
doesn't recognize me as a per not a
person so we'll ignore it. Uh but the
MTC memo um I believe I sent that around
to everybody. This is the advisory um
for me teller man anda um basically
points out there's three basic changes
uh one has to do with notification, one
has to do with uh vested rights um and
how they're applied for uh for special
permits and then the last is a an
overhaul of the variance section of the
bylaw uh the excuse me the state law
which both affects the vote that the
required vote to grant a variance and
also
allows for a use variance in all
communities for uh residents. So, um
these are things that the parameters are
not well established yet. And so, that
is why we're going to be talking with
council to get some guidance as to how
we should be approaching this and
applying this.
>> So, since we have a couple weeks, it it
might be helpful to also have the the
memor memorandum on the Michigan
>> Sure. Uh that's from Michigan State.
>> Yeah.
>> Uh which Michigan has something that the
language part of the language is the
same as the new language in in the state
statute here. And so they actually have
judicial authority on how they how to
interpret their memo. And that would
that's that's just use useful background
>> and it I think Virginia may have adopted
something similar. Um, so we're I think
I might have come across something there
recently, too. But,
>> um, yeah. So, I'll make sure to forward
that that Michigan memo around so people
have a chance to look at it.
>> Mr. Chairman, there's also a number of
summaries that have been published.
>> Oh,
>> if you just Google, uh, number of law
firms have put together one and a half
page summaries
>> which I thought were at least a good
starting point. Oh,
>> okay. Yeah.
>> Urge people to take a look at that as
well.
Perfect.
>> If if we just browse in that area, it'll
be a little easier to follow what Mike
has to say and and make Mike's job a
little easier, I think.
>> Absolutely.
All right. So, our next meeting is
scheduled for August 11th on Tuesday. Um
I will be traveling, but I will be I
will still be able to host the meeting.
So, um I will do that. Uh from
Minneapolis, um
uh what is the case load for August
11th?
>> We do not have any cases for the 11th. I
still have the same three people almost
done.
>> Okay.
>> So, there'll probably be three on the
25th.
>> Okay. So, the 11th will be a very short
meeting followed by training. So that'll
be good all around.
>> It means we don't have to wear ties.
>> Yes. Exactly. Exactly.
Um
so with that and there being no further
business, I will thank you all for your
participation in tonight's meeting of
the Arlington Zone Board of Appeals. I
appreciate everyone's patience
throughout the meeting. I would
especially like to thank Colleen Rston
and Mike Champa for their assistance in
preparing for and hosting this online
meeting. Please note the purpose of the
board's recording the meeting is to
ensure the creation of an accurate
record of its proceedings. It is our
understanding that the recording made by
ACMI will be available on demand at
acmi.tv within the coming days. R&T
community media is dedicated to
providing an electronic forum for the
free exchange of information and ideas
which reflect the talent, skills,
interests, concerns, diversity of the
R&T community. Please visit acmi.tv to
learn how to support this valuable
public resource. If anyone has comments
or recommendations, please send them via
email to zbagtown.
ma.us. That email address is also listed
on the zoning board of appeals website.
And to conclude tonight's meeting, I
would ask for a motion to adjurnn.
>> So moved, Mr. Chairman.
>> Thank Mr. Handler.
>> A second. Thank you, Mr. Dupont. So roll
call vote of the board to adjurnn. Mr.
Dupont,
>> yes.
>> Mr. Hanland,
>> yes.
>> Mr. Holly,
>> yes.
>> Mr. Leblanc,
>> yes.
>> Mr. Rosenberg,
>> yes.
>> And the chair votes yes. The board is
adjourned. Thank you all so very much.